Category: philosophy / economics

Across the board adjustments: True interest dispute

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Proportional pay differentials: Frameworks and compliance

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side.  This became section 27 of the EEA, which states that every designated employer must...

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Jurisdictional issues considered: Legality and vires

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Employment merger conditions: Specific to dismissals

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

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Corporate visa denied: Language training for SA citizens

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Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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Labour market features: Balancing conflicting interests

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a  speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...

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Repudiating employment contracts: Trust and confidence

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

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Business rescue plan: Unfair dismissal procedure?

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